Conditions of Sale
The following Conditions of Sale and, if applicable, the Absentee/Telephone Bid Form in the back of this catalogue, as they may be amended by any posted notices or oral announcements before or during the sale, from Barridoff Galleries' and its consignors' entire agreement with the buyer relative to the property listed herein. By participating in the sale, all bidders agree to the terms hereof.
1. Barridoff Galleries acts as an agent for its consignors and the contract for sale is between the consignor and the buyer. Barridoff Galleries may reject any bid for any reason. Items are sold with reserve, and Barridoff Galleries may reject any bid below the reserve. The auctioneer may bid on behalf of the consignor or of Barridoff Galleries. Barridoff Galleries reserves the right to withdraw any property at any time before its actual sale. The buyer will be the highest bidder acknowledged by the auctioneer. Barridoff Galleries has the authority to decide any disputes over the auction process in its sole discretion, and its decision shall be final and binding. As a convenience to clients who cannot attend a sale in person, Absentee/Telephone bid forms are found by the link on the Barridoff Galleries home page. Barridoff Galleries is not responsible for errors and omissions in connection with telephone, Internet, or other absentee bidding.
2. Provenance is included in the catalog to the extent it is available. Estimates are included with each lot. Statements of condition are not provided herein. Barridoff Galleries, however, will endeavor to answer to the fullest extent possible any reasonable question, subject to the disclaimers below. The auctioneer may make corrections and provide additional information as available at the time of sale.
3. Statements in the catalog and any other information provided by Barridoff Galleries and any of its employees are opinions; Barridoff Galleries and the consignors are not responsible for errors and omissions therein. Barridoff Galleries makes no representation or warranty with respect to and is not responsible for the description, quality, condition, or authenticity of any items sold, and makes no warranty as to merchantability or fitness for a particular purpose. All items are sold "AS IS." Prospective bidders should inspect the property before bidding to determine its condition, size, and whether or not is has been repaired or restored. No representation or warranty is made as to copyright of any property or whether the buyer acquires any reproduction rights of the property.
4. Barridoff Galleries charges the buyer a premium to be added to the hammer price on each item purchased. This premium is equal to 22% of the hammer price up to and including $?500,000.00, plus 17% of the hammer price over $?500,000.00. The premium when bidding online is 27%. A discount of 2% of the hammer price shall be given to any item paid for and removed from the premises of the auction by the buyer or buyer's representative on the day of the sale. Said discount is for cash or check only.
5. Upon the fall of the auctioneer's hammer, title to the item passes to the highest bidder, subject to the terms hereof, who is bound by the sale and assumes full risk and responsibility therefore. Buyer authorizes Barridoff Galleries to sign a sales record, which shall be conclusive as to the terms of the sale, on buyer's behalf. All property must be removed from the premises of the auction by the buyer, at buyer's expense, on the day of sale unless other specific arrangements have been made with Barridoff Galleries. Barridoff Galleries is not responsible for any loss by the buyer as a result of the damage or theft of an article subsequent to purchase. Payment for each item purchased must be made before the item is removed. Only cash, certified check or verified credit card will be acceptable unless other suitable arrangements have been made with Barridoff Galleries at least five days before the auction.
6. If the buyer does not comply with any applicable conditions herein, Barridoff Galleries and the consignor shall have all of the following rights and remedies, in addition to their other remedies at law or in equity: the right a) to hold the buyer liable for the total purchase price plus interest of 1?½?% per month; b) to cancel the sale and retain as liquidated damages all payments made by the buyer; c) to resell the property, in which case the buyer shall be liable for any deficiency, cost, including handling charges, the expenses of both sales, commissions on both sales and all other charges and incidental damages; d) to charge 1% of the total purchase price per month, with a minimum charge of 5%, to handle any property not timely removed; e) to exclude buyer and its affiliates from all future auctions; and f) to set off any amounts Barridoff or consignor owes the buyer. All buyers shall be deemed to have granted to Barridoff Galleries and its consignor as collateral for buyer's obligations hereunder a security interest in any property of the buyer in the possession of Barridoff Galleries or its consignor, who shall have all of the rights of a secured party in Maine and the law of the location of the property. Barridoff Galleries shall have all of the rights of the consignor to pursue all rights and remedies hereunder, and Barridoff Galleries and its consignors shall be entitled to all of their costs, including reasonable attorney's fees, in enforcing their rights and remedies hereunder. Buyer waives any and all rights it may now or in the future have under any Maine law governing unclaimed or abandoned property.
7. Disputes on the grounds of authenticity subsequent to sale must be made within 15 days of the auction and must be supported by the written testimony of at least two recognized experts in the field with respect to the specific artist involved. Only if the disputed article is in the same condition as when sold will a rescission of the sale be considered. In the event Barridoff Galleries agrees to rescind the sale, which decision shall be at Barridoff Galleries' sole discretion, the original purchase price shall be refunded to the buyer. Such rescission and refund is exclusive and in lieu of any other remedies which might otherwise be available as a matter of law. In no event shall Barridoff Galleries' or its consignor's liability exceed the purchase price of the item sold.
All purchases are subject to Maine sales tax (5.5%) unless the buyer possesses a sales tax exemption number either from or acceptable to Maine Revenue Services and presents to Barridoff Galleries at or before the auction a valid signed certificate from the Services stating that Barridoff Galleries does not have to withhold Maine sales tax on the purchase. Maine sales tax is applicable to the full purchase price as determined by the hammer price plus premium.
The descriptions used in this catalog may not be reproduced in any manner without the written authorization of Barridoff Galleries.
The Uniform Commercial Code Title 11, Section 2-328 applies to this auction sale. These conditions of sale are governed by and shall be interpreted under Maine law, and any conflicts hereunder shall be decided in the state and federal courts located in Cumberland County, Maine, and all bidders submit themselves to the jurisdiction thereof. The licensed auctioneer is William Millikan, Maine license number AUC1627. The regulating authority of this auction is the Board of Licensing of Auctioneers, 35 State House Station, Augusta ME 04333-0035.
Shipping Terms
Shipping is the buyer's responsibility, so if you cannot come to the gallery we have an
arrangement with the UPS store in South Portland to provide shipping services and, as a
courtesy, we can deliver your purchased items to them. They will prepare an estimate for
your review and approval, or you can arrange shipping with another shipper of your choice.
Please note, we would need pre-authorization from you if you wish a third party to take the
item from the gallery.
The Contact information for the South Portland UPS Store is:
The UPS Store
50 Market St
South Portland, ME 04106
Phone: (207) 767-1826
Fax: (207) 767-4379
Email: store3352@theupsstore.com
Maine States Sales Tax
The State of Maine requires all sales conducted within the state be subject to Maine's sales
tax, which is 5.5% of the hammer price plus buyer's premium. Even if property purchased
at an auction within the state is purchased by and shipped to a resident in another state,
Maine considers the sale to be conducted at the point the property is delivered to a shipper
paid by the buyer. As buyers are responsible for and must pay for shipping, we are
required to collect the sales tax under Maine law if the item is delivered to a shipper within
the state. This does not apply to resellers, below.
In order to be exempt from Maine sales tax, a reseller (gallery, broker, dealer) must provide
us with a valid state-issued resellers certificate. For out-of-state resellers, you must also
provide us with a properly executed Uniform Sales/Use Tax Certificate issued by the Multi
State Resale Commission. The link for this form may be found here:
http://www.mtc.gov/getattachment/Resources/Uniform-Sales-Use-Tax-ExemptionCertificate/Uniform-Sales-and-Use-Certificate-12018.pdf.aspx?lang=en-US
